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Case Law Details

Case Name : Ashish Natvarlal Vashi Vs ITO (ITAT Surat)
Appeal Number : ITA No. 3522/AHD/2016
Date of Judgement/Order : 19/04/2021
Related Assessment Year : 2007-08
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Ashish Natvarlal Vashi Vs ITO (ITAT Surat)

1. Merely cash deposit in a saving bank account does not show that income has escaped assessment. The process of reasoning is absent, and these reasons were not recorded on standalone basis therefore reopening made by the Assessing Officer may be quashed.

2. The amount deposited in the bank account may be out of sale proceeds of investments, property or agricultural income of the assessee which may be exempted under the Income Tax Act. Of course, it may be desirable, from the point of view of revenue authorities, to examine the matter in detail, but then reassessment proceedings cannot be resorted to only to examine the facts of a case, no matter how desirable that be, unless there is a reason to believe, rather than suspect, that an income has escaped assessment

3. The reassessment proceedings under section 147 of the Act as bad in law and hence, we quash the reassessment proceedings.

4. As the reassessment itself is quashed, all other issues on merits of the additions, in the impugned assessment proceedings, are rendered academic and infructuous

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